Did Modesto hospital release ICE shooting patient’s medical records without consent?
.jpeg "Carlos Ivan Mendoza Hernandez with his fiancee, Cindy")
While Carlos Ivan Mendoza Hernandez received medical care at Doctors Medical Center after being shot by U.S. Immigration and Customs Enforcement agents in Patterson early this month, FBI agents and “their partners” were in his hospital room, according to a complaint filed by the U.S. Attorney General’s Office.
His federal public defense attorneys say they don’t know how FBI agents gained access to his medical records, including the results of a drug test administered the morning he was admitted to the hospital. In the court records is a statement signed by both federal attorneys saying they are “incredibly concerned that the government got its hands on Mr. Mendoza’s HIPAA-protected medical records. Absent an explanation, this is outrageous.”
Mendoza Hernandez was hospitalized after being shot seven times by ICE officers on April 7. He was discharged from the DMC intensive care unit on April 13 and subsequently arrested as part of an ongoing criminal case alleging he used his vehicle as a weapon against ICE agents during a traffic stop.
Law enforcement, including federal agents, may access private medical records if they have a judicial warrant to do so, but it’s unclear if they had one while Mendoza Hernandez received care.
Lauren Horwood, the public information officer for the U.S. Attorney’s Office, referred to the complaint filed on April 9 and unsealed on April 14 when asked whether the government had a warrant. The complaint does not mention any subpoena, warrant or court order that would have allowed the FBI access to his medical records.
“I don’t have any information about his medical care,” Horwood responded in an email, adding, “I cannot comment beyond what is in the public record.”
The unsealed criminal complaint requests access to Mendoza Hernandez’s vehicle along with his phone and contents, but not his medical record.
The documents added to the court filing show the government did receive information about Mendoza Hernandez’s medical care, citing a drug test taken the morning he was admitted to the hospital on April 7. It showed he had cocaine and opiods in his system, but noted that the opiods could be related to medication provided by the hospital.
According to Doctors Medical Center’s patient rights, patients should have the expectation that all communications and records concerning their care are treated as confidential.
Additionally, it states, “Individuals not directly involved in your care will not be present without your permission.”
In a statement issued by the Department of Justice on April 14, both local county and federal officers were present in the hospital for Mendoza Hernandez’s stay before being discharged on April 13, providing “substantial public safety assistance while Mendoza Hernandez recovered in the hospital.”
A spokesperson for Doctors Medical Center did not respond to a request for comment.
Mendoza Hernandez remains in custody while the federal government seeks an indictment against him.
